What does the guardian figure actually represent of an older person

The save in fact is a figure contemplated by the Spanish Civil Code in its article 303. Although this does not define exactly what it is, it is considered that it is that individual who is in charge of the custody and protection of either a minor or an incapacitated or elderly person, but without having received the legal power to be it. Therefore, it contemplates such common situations when someone naturally decides to altruistically take care of a helpless person, but without there being a sentence or official procedure that establishes it.

Common situations

This person takes care of the disabled person, of its protection and also of the administration of its patrimony and management of its interests. In turn, article 52 of the Law 15/2015, of July 2, Voluntary Jurisdiction, indicates what is the judicial control procedure of the de facto guardian.

Guarding is actually something that happens with a more common frequency than you think. In fact, it not only occurs in the case that someone takes care of an elderly person, there are other cases such as grandparents who they take care of their grandchildren because their children have died, assuming the duties of nutrition, education and protection that parenthood implies.

Scale to measure the degree of dependence of a person

Legal regime

The legal regime contemplates that the guardian must indicate your condition to the Public Prosecutor. In this way, the administration proceeds to assess the situation since it will have to receive detailed information regarding the position of this person and the assets and care exercised over the elder if it is the case or the minor when appropriate. Thus, a control and surveillance will be carried out depending on each circumstance. In reality, this is so because depending on the case of the individual who is under the guardianship of the guardian, it can be considered as a transitional condition that will have to solve the tutelary organisms.

The administration of the assets and the procedures that have to be carried out on behalf of the major in front of third parties involves the pertinent legal representation. In this case you need a statement of what will be defined as Board of Relatives of the protected person.